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Home My WebLink AboutPACKET Public Works 2009-08-27, AGENDA TOWN OF ESTES PARK PUBLIC WORKS COMMITTEE 8:00 a.m. August 27,2009 Preparation date: August 19, 2009 1) PUBLIC COMMENT 2) ENGINEERING a) RECOMMENDATIONS TO TOWN BOARD i) Prospect Avenue Bypass Easements - presented by Scott Zurn ii) IGA for the Adoption of Two Truss Bridges (SH-34) - presented by Scott Zurn 3) FLEET a) RECOMMENDATIONS TO TOWN BOARD i) Budgeted Purchase of Vehicle Hoist - presented by Dave Mahany Note: The Public Works Committee reserves the right to consider other items not available at the time the agenda was prepared. Cynthia Deats From: Admin iR3045 Sent: Monday, August 24, 2009 1:17 PM To: Cynthia Deats Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 1860 ST. TIME 08/24 13:12 PGS. 1 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 5869561 KEPL 5869532 Trail Gazette 5861691 Channel 8 6353677 Reporter Herald 5771590 EP News ERROR ----- 1 t AGENDA TOWN OF ESTES PARK PUBLIC WORKS COMMITTEE 8:00 a.m. August 27,2009 Preparation date: August 19,2009 1) PUBLIC COMMENT 2) ENGINEERING a) RECOMMENDATIONS TO TOWN BOARD i) Prospect Avenue Bypass Easements - presented by Scott Zurn ii) IGA for the Adoption of Two Truss Bridges (SH-34) - presented by Scott Zurn 3) FLEET a) RECOMMENDATIONS TO TOWN BOARD i) Budgeted Purchase of Vehicle Hoist - presented by Dave Mahany Note: The Public Works Committee reserves the right to consider other items not available at the time the agenda was prepared. Town of Estes Park Public Works Engineering ESTES 111Â®PARK COLORADO Memo Room 100, Town Hall P.O. Box 1200, Estes Park, CO 80517 TO: Public Works Committee 970-577-3586, gsievers@estes.org From: Greg Sievers & Scott Zum Date: August 27,2009 Re: Prospect Avenue Bypass - Easements Background: As this road reconstruction project moves forward, Light & Power plans to bury all the overhead power lines in October 2009 (bid results for this project will be returned to the Utilities Committee for review), prior to any other construction. Burying the overhead power and other cables have been identified by Cornerstone Engineering and Surveying as Phase One of the project. Easements have been designed and drafted by Cornerstone Engineering and Surveying and signed by all remaining residents affected by the project. Attached are copies of those easements which include: Temporary Easements for Undergrounding Overhead Utility Services - Dedicated on 631 Prospect Avenue by Daniel R. DeBIasio and Kathleen Kase - Dedicated on 675 Prospect Avenue by Marie Brunner - Dedicated on 707 Prospect Avenue by Prospect Mountain Side, LLC. Temporary Easements for Construction of Prospect Avenue - Dedicated on 400 Birch Avenue by Brian Kremler - Dedicated on 403 Driftwood Avenue by Gerald & Cheryl Bert - Dedicated on 640 Prospect Avenue by John & Laura Gulliksen Permanent Easements for Access, Utilities, and Drainage - Dedicated on 640 Prospect Avenue by John & Laura Gulliksen - Dedicated on 400 Birch Avenue by Brian Kemler Public Works and Light & Power staff has worked closely with the design engineer as well as all the homeowners to create a win-win scenario for the acquisition of both permanent and temporary easements to allow these phases of the project to move forward seamlessly. All easements have been acquired with 2-year terms. â€¢ Page 1 , Budget/Cost none Action: Public Works Committee recommends the dedication of the attached eight easements be included on the Consent Agenda at the September 8,2009, Town Board meeting. â€¢ Page 2 Daniel R. DeBlasio Kathleen M. Kase July 1, 2009 Page 1 of 2 GRANT OF TEMPORARY EASEMENT FOR UNDERGROUNDING OF OVERHEAD UTILITY SERVICES PARCEL # 25302-13-090 9/0 THIS EASEMENT is made this (~lay of 814- 2009 by and between Daniel ~.De8lasio & Kathleen Kase as owners of 631 Prospect Avedue. Estes Park. Colorado (hereinafter referred to as "Grantor"), successors and assigns, and Town o f Estes Park, Colorado, a municipal corporation (hereinafter referred to as "Town"). The Grantor hereby grants unto said Town, its successors and assigns, a temporary easement for the undergrounding of overhead utility services, the right to enter upon the said property hereinafter described, following notification of the Grantor to discuss schedule and alignment, to relocate existing overhead utilities, including electric, telephone, and cable, below ground, with all fixtures and devices, used or useful in the operation of said utilities, as said utilities may be located on the described property, located in the Town of Estes Park, County of Larimer, State of Colorado, to wit: â€¢ A temporary easement for undergrounding of overhead utility services in the Southwest !4 of the Northwest 14 of Section 30, Township 5 North, Range 72 West of the 6~ P.M. on property described as Portion of Lot 19. Little Prospect Mountain Addition to the Town of Estes Park. described as Commencing at the Southwest Comer of Lot 19. thence S 89'38'00" E. 200 feet to the True Point of BegiAning: thence S 89'38'00" E 132 feet; thence N 10'10'00" W 131.2 feet thence s 7508'00"W 119 feet thence S 2058'00" E 100 feet to the True Point of Beginning. located at 631 Prospect Avenue. Estes Park. Colorado. Together, with the right to enter upon said property, survey, and construct underground utility services including but not limited to trenching, installation of conduit, placement of wire, connection of new service lines, remove existing overhead utilities and to remove objects interfering therewith. The underground utilities shall be located in a direct route from the proposed transformers to the existing meter box but will be routed to avoid trees and significant shrubs. This easement will be null and void upon completed installation of the underground utility services. On abandonment of the temporary easements the services will become property of the said grantor, relieving the Town of any financial obligation of the private utilities. The work on the said underground utility services shall be done with care, and all damage to any improvements on said property caused thereby shall be restored to preconstruction conditions at the expense of the Town. . f Daniel R. Deblasio Kathleen M. Kase July 1, 2009 Page 2 of 2 LA u +2 WITNESS my hand and official seal this ~' day of 2009, at Daniel R. Dedlasio ,~'~ -eÂ«'li'X ~' 3/Zi,/<%4 (Signature) 4,1/:f.'~~~'~'~Â·.7, 52;EIVOTARYÂ·Â·.:% . 3 cp i. PUBLIC :6 0 % 42.... ::20 -teal) #0 6048# * The foregoing instrument was subscribed and sworn before me this 6*1 day of Q/L~Â£26 , 2009, by .4#AL i~j"AA . U My Commission Expires: 9-10.12 Notary Public WITNESS my hand and official seal this v day of Nyik 2009, at. 4 Kathleen M. Kase ' :/ PY n 0/\I'll/1111///4, % 40 24Â¢&1...3.94 (Signature) Â§ 2 ~ S~'... PUBLIC ./ Â¥.0 (Seal) 1~428*- ,///Iltlt;1\ Mt' The foregoing instrument was subscribed and sworn before me this 42 4*day of ~AL~74,6 , 2009, 'el ',#j 4~Lk#l# h// -C) UAf"A My Commission Expires: 9-,0./2 Notary Public 0#ill'lill,// "11111111/// ./9.... -..:.0 Marie H. Brunner July 1,2009 Page 1 of 2 GRANT OF TEMPORARY EASEMENT FOR UNDERGROUNDING OF OVERHEAD UTILITY SERVICES PARCEL # 25302-17-007 THIS EASEMENT is made this <9/ day of _.b#> 2009 by and between Marie H. Brunner as owners of 675 Prospect Avenue. Estes Park. d~orado (hereinafter referred to as "Grantor"), successors and assigns, and Town of Estes Park, Colorado, a municipal corporation (hereinafter referred to as "Town"). The Grantor hereby grants unto said Town, its successors and assigns, a temporary easement for the undergrounding of overhead utility services, the right to enter upon the said property hereinafter described, following notification of the Grantor to discuss schedule and alignment to relocate existing overhead utilities, including electric, telephone, and cable, below ground, with all fixtures and devices, used or useful in the operation of said utilities, as said utilities may be located on the described property, located in the Town of Estes Park, County of Larimer, State of Colorado, to wit: Â· A temporary easement for undergrounding of overhead utility services in the Southwest 91 of the Northwest 1/1 of Section 30, Township 5 North, Range 72 West of the 66 P.M. on property described as Lot 2, Pettit Resubdivision ofa Portion of Lot 19 Little Prospect Mountain Addition to the Town of Estes Park, located at 675 Prospect Avenue. Estes Park. Colorado. Together, with the right to enter upon said property, survey, and construct underground utility services including but not limited to trenching, installation af conduit, placement of wire, connection of new service lines, remove existing overhead utilities and to remove objects interfering therewith. The underground utilities shall be located in a direct route from the proposed transformers to the existing meter box but will routed to avoid trees and significant shrubs. This easement will be null and void upon completed installation of the underground utility services. On abandonment of the temporary easements the services will become property of the said grantor, relieving the Town of any financial obligation ofthe private utilities. The work on the said underground utility services shall be done with care, and all damage to any improvements on said property caused thereby shall be restored to preconstruction conditions at the expense of the Town. IT 1, Marie H. Brunner July 1.2009 Page 2 of 2 WITNESS my hand and official seal this 2/srday of J ub 2009, at 1 1 R Bae7 d 1-W,/ E K Marie H. Brunner >110 410 I f loWI.1 t~~Lfltift:w/\- (Signature) / 4 . ~.,42 S. 4-2 J..14}:tituf .....Â© a I j J (Seal) f ,â‚¬~'Â·., PUBL\0 /~57 ; / 92Â·=22 The foregoing instrument was subscribed and sworn before hie this 2/ >dpal,prt>,Â¥~f, '2009, hy *.U~/Aljj J UA.Â¥A, My Commission Expires: 9,)0 91 Notary Public Prospect Mountain Side, LLC. July 1,2009 Page 1 of 2 GRANT OF TEMPORARY EASEMENT FOR UNDERGROUNDING OF OVERHEAD UTILITY SERVICES PARCEL # 25302-24-001 THIS EASEMENT is made this 30 day of U~&Â£~05 2009 by and between Prospect Mountain Side, LLC as owners of 707 Prospect Avenue, EstEs Park, Colorado (hereinafter referred to as "Grantor"), successors and assigns, and Town of Estes Park, Colorado, a municipal corporation (hereinafter referred to as "Town"). The Grantor hereby grants unto said Town, its successors and assigns, a temporary easement for the undergrounding of overhead utility services, the right to enter upon the said property hereinafter described, following notification of the Grantor to discuss schedule and alignment to relocate existing overhead utilities, including electric, telephone, and cable, below ground, with all fixtures and devices, used or useful in the operation of said utilities, as said utilities may be located on the described property, located in the Town of Estes Park, County of Larimer, State of Colorado, to wit: A temporary easement for undergrounding of overhead utility services in the Southwest 94 of the Northwest 91 of Section 30, Township 5 North, Range 72 West of the 6* P.M. on property described as Lot 1. Murphy Subdivision of Amended Plat of Portion of Lot 20 Little Prospect Mountain to the Town of Estes Park, located at 707 Prospect Avenue, Estes Park. Colorado. Together, with the right to enter upon said property, survey, and construct underground utility services including but not limited to trenching, installation of conduit, placement of wire, connection of new service lines, remove existing overhead utilities and to remove objects interfering therewith. The underground utilities shall be located in a direct route from the proposed transformers to the existing meter box but will routed to avoid trees and significant shrubs. This easement will be null and void upon completed installation of the underground utility services. On abandonment of the temporary easements the services will become property of the said grantor, relieving the Town of any financial obligation of the private utilities. The work on the said underground utility services shall be done with care, and all damage to any improvements on said property caused thereby shall be restored to preconstruction conditions at the expense of the Town. Prospect Mountain Side, LLC. July 1,2009 Page 2 of 2 WITNESS my hand and official seal this 610 day of JL~ 2009, at , -f. T.AN poet< 2 John E. Nvdegger Manger/ Owner .... U. C#U 9. 04Â£zÂ«,- ~ i CYNTWA G '\ ~ 4 \ ERBES /O 0- -00 - (Signature) (Seal) The foregoing instrument was subscribed and sworn before me this 204ray of* 64 . 2009, by ~~~Ati~Â£/4~~~. My Commissioll Expires: 44/20// Notary Public WITNESS my hand and official seal this-30 day of ~,~2-~r 2009, at U (1 Jeanne R. Nvdegger Manger/ Owner , 0~.7.4..8.L.(0 fÂ« wid mw Way (Signature) ~ f ON,rnÂ·UK o \ ~ M < ERBES 14..... -=ssNF- (Seal) The foregoing instrument was subscribed and sworn before me thi20 kday of,>7 49-Â·4/ , 2009, by 12-1 44. u My Commission Expires: i ~01~0 I / Notary Public Temporary Construction Easement Brian W. Kremler 400 Birch Avenue Parcel No. 25303-07-001 Page 1 of 3 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT I Brian W. Kremler (OWNERS), does hereby grant a Temporary Construction Easement to the Town of Estes Park and its employees, consultants and contractors permission to enter the property described below and grants the exclusive rights to perform construction activities necessary for the reconstruction ofProspect Avenue and adjoining side streets, including the removal of existing asphalt and that the parties agree as follows: The temporary construction easement is described as follows: located at 400 Birch Avenue, on a Portion of Lot 1, Block 5, Country Club Manor Addition to the Town of Estes Park, in the Northwest 1/4 ofthe Southwest 1/4 of Section 30, Township 5 North, Range 72 West ofthe 6th P.M., the County of Larimer, State of Colorado and being more particularly described as follows: Considering the North line ofBlock 5 of said Country Club Manor Addition to the Town of Estes Park as bearing S 89Â°11'00"E and all bearings being relative thereto: COMMENCING at the northwest corner of said Lot 1; Thence along the northerly property line, South 89Â°11'00" East a distance of 27.33 feet, said point being the TRUE POINT OF BEGINNING; Thence along the northerly property line, South 89Â°11'00" East a distance of49.37 feet; Thence leaving said northerly property line, South 00Â°49'00" West a distance of 5.62 feet; Thence North 89Â°11'00" West a distance of 53.08 feet; , Thence South 34Â°11'33" West a distance of 29.09 feet; Thence North 00Â°27'00" East a distance of 19.63 feet; Thence North 63Â°24'36" East a distance of 22.34 feet more or less to the TRUE POINT OF BEGINNING The above described parcel contains 483 square feet, more or less. (See attached Exhibit 'A') The Owner also grants to the Town, its successors, assigns, agents, contractors, and employees the right to erect and use construction equipment within the easement during construction. IT IS UNDERSTOOD that the Easement rights herein granted shall terminate upon 2 years from the date hereof or upon completion of the above-mentioned construction project, whichever is sooner. IT IS ALSO UNDERSTOOD that the easement herein granted does not convey any right or interest in the above described property, except as stated herein, nor prevent owner from the use of said property; provided, however that such use does not interfere with the rights herein granted. 1 Temporary Construction Easement Brian W. Kremler 400 Birch Avenue Parcel No. 25303-07-001 Page 2 of 3 In addition, the Town, its successors, assigns, agents, contractors, and employees agree to the following condition of entry: 1. DAMAGE TO PROPERTY: Shall exercise care to avoid damaging the property in any manner not consistent with the purpose for which this agreement is issued. 2. COOPERATION WITH OWNER: Shall at all times cooperate with owner(s) and comply with reasonable requests not inconsistent with the purpose for which this agreement is issued. 1 /-1.1-A NUP: Shall spread material uniformly over the construction site, seed:,g~00~ e. Upon completion of the existing asphalt removal, shall clean all the go[In ed of all rubbish, excess material, temporary structures and equipment. ACCEPTANCE: All parts of the site shall be left in acceptable condition WITNESS my hand and official seal this 27 day of .~7~L~ 2009, Estes Park, Colorado. (SEAL) >(31 /: 4-SEAL) Brian-4 Kremler STATE OF COLORADO ) )SS COUNTY OF LARIMER ) The foregoing instrument was subscribed and sworn before me this 52 -7 day of =J u/l L,/ ,2009, by /5rt-A. O. p< r $*vt-. *Clm-lon Ext- 2/17/13 My Commission Expires: /5721 /<2~ Notary Public ~ ~ ~-WILLIAMP,-COON Notary Public ~| State of Colorado 2 Temporary Construction Easement Brian W. Kremler 400 Birch Avenue Parcel No. 25303-07-001 Page 3 of 3 WITNESS my hand and official seal this day of 2009, Estes Park, Colorado. (SEAL) (SEAL) Town of Estes Park STATE OF COLORADO ) )SS COUNTY OF LARIMER ) The foregoing instrument was subscribed and sworn before me this day of ,2009, by My Commission Expires: Notary Public 3 0 ,00-09 Al 3,000,LE.OON --=Z <=O- O- 'hi 1 .0 LO 1-L LU O Â»O Z 4 Z LL- ~ 1% Lo~LogOE - Chi m~EOL,..1 ~ 4 M Â» O -0 O 3 0 v-AE o h -Lu LL O - O H F < ~ -*ainw CO I WL.10 - Z E W ~00 ZIES Q O F 0 <0% AD0te0\ O. r -O Q. CK Of W 000(f)<LU(\1 I 1- 9 X of 6 01-5 -JO< LU J 90 E- P tr Z r- LU E LU O0 - H LUO< z ga 0 9wooo 0 Â£ T O 91Â» I :locro OSF=<~ =298 oWE-op ZG 0 u) m E af (OLD<LU <OJWI moomA 11 K )49/flami~__________1 , ,ZL-6* Mâ€ž00,LE.OOS - ,00-09 3â€ž00,LE.OON L 0 LI- A ..tD b tb to 9Â»OZ - I WWLL'W =1-4-m #Iti I S IL LL LLU-<0 ~55 6 3 Egog RS#Â£ 982 7 9 #Wak BM.WI (f~l.1 4 Z U_ 4. LL 4- Z 0 Z 00OOze 8 1 # G a 253 4 4 11. C ,.LU w w W Z .* Â» WE~ 6C~E~,<<b-w e~-ts 1::LuÂ¤:Â¤Wwwidm z 3/ '- LU r. o ac E- /, ,5 CL r. 52 . 22 ii ti ti O ti %Â§9353 822*29mgoamagw WinbEA< f-OIN#~Th~<<<<O% LU C Z Ci ~- O ~.3 L. 8& LL Ri I.L G G G mo~ 8 - 0 ~ 9 6 0 m 2 0 I 0 W w < < LU 0 L.1 WwEL.1**LULUD ~n~gzg ~~~bEWgÂ¥64-O6Eg Dz*JOW 90*5,-O*EZI=Or)or,w 20201-0 Z u)Z Z Ulo ELLK-4-go #g' 00 W - --- Wgp~Nb EWÂ°2WÂ°jur:w:rg 014-OroOZ 8Â°-ZoLLi 1- +cw'-< immow'-2 <Ohoo!-=WGII=Ilng ZizES+52 cs~KEZWSLâ€¢1&5@*~0 g O 2 A Z.@ g J LU flill*00(OJO O<= ~ C. == z u, ZZ~ t_. EN.3'-Lâ€¢'81_UgwwwWOE 4!UN LU 0 O- O- 0000 6 0395wW *~FE~FE;558EW: 48%3EE O1- 00 Cl- 00 # O 1-- 1- 1-- 1- N LU OIC)LUIC)IOIITIO< 990'EOZ IN WOr 101 = ,.L 31VOS 3%019 anNBAV H S 00'49'00" W ORADO 3AllÂ¥1325 SONINV38 11Â¥ TOWN OF 181NROO '9 10018 0 SV M@Vd S31S3 CH S 7 ~IIN 103 1 LEGAL DESCRIPTION Temporary Construction Easement Gerald C/ Cheryl A Berg 403 Driftwood Avenue Parcel No. 25303-10-007 Page 1 of 4 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT I Gerald C. Berg & Cheryl A. Berg (OWNERS), does hereby grant a Temporary Construction Easement to the Town of Estes Park and its employees, consultants and contractors permission to enter the property described below and grants the exclusive rights to perform construction activities necessary for the reconstruction of Prospect Avenue and adjoining side streets, including the removal of existing asphalt and the relocation of overhead utilities underground, and that the parties agree as follows: The temporary construction easement is described as follows: located at 403 Driftwood Avenue, on a Portion ofLot 7, Block 2, Country Club Manor Addition to the Town of Estes Park, in the Northwest 1/4 of the Southwest 1/4 of Section 30, Township 5 North, Range 72 West of the 6~h P.M., the County of Larimer, State of Colorado and being more particularly described as follows: Considering the North line of Block 2 of said Country Club Manor Addition to the Town of Estes Park as bearing S 89Â°11'00"E and all bearings being relative thereto: Commencing at the northeast corner of said Lot 7, said point being the TRUE POINT OF BEGINNING; Thence along the northerly property line, North 89Â°11'00" West a distance of 112.50 feet to the northwest corner of said Lot 7; Thence along the westerly property line of said Lot 7, South 00Â°27'00" West a distance of 35.00 feet; Thence leaving said westerly property line, South 89Â°33'00" East a distance of 30.00 feet; Thence North 00Â°27'00" East a distance of 20.00 feet; Thence North 89Â°33'00" West a distance of 26.00 feet; Thence North 00Â°27'00" East a distance of 9.97 feet; Thence parallel to and 5-feet from the northerly property line, South 89Â°11'00" East a distance of 99.58 feet; Thence South 20Â°40'00" East a distance of 24.77 feet to a point on the easterly property line of said Lot 7; Thence along said easterly property line, North 00Â°27'00" East a distance of 28.05 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 1305 square feet, more or less. (See attached Exhibit 'A') 1 Temporary Construction Easement Gerald C/ Cheryl A Berg 403 Driftwood Avenue Parcel No. 25303-10-007 Page 2 of 4 The Owner also grants to the Town, its successors, assigns, agents, contractors, and employees the right to erect And use construction equipment within the easement during construction. Together, with the right to construct underground utility services including but not limited to trenching, installation of conduit, placement of wire, connection of new service lines, remove existing overhead.utilities and to remove objects interfering therewith. The underground utilities shall be located in a direct route from the proposed transformers to the existing meter box but will be routed to avoid trees and significant shrubs. IT IS UNDERSTOOD that the Easement rights herein granted shall terminate upon 2 years from the date hereof or upon completion ofthe above-mentioned construction project, whichever is sooner. On abandonment of the temporary easements the services will become property of the said owner, relieving the Town of any financial obligation of the private utilities. 1 . IT IS ALSO UNDERSTOOD that the easement herein granted does not convey any right Or interest in the above described property, except as stated herein, nor prevent owner from the use of said property; providdd, however that such use does not interfere with the rights herein granted. In addition, the Town, its successors, assigns, agents, contractors, and employees agree to the following condition of entry: 1. DAMAGE TO PROPERTY: Shall exercise care to avoid damaging the property in any manner not consistent with the purpose for which this agreement is issued. The driveway shall be repaired to insure an asphalt surface from the existing asphalt surface to the concrete driveway pan. 2. COOPERATION WITH OWNER: Shall at all times cooperate with owner(s) and comply with reasonable requests not inconsistent with the purpose for which this agreement is issued. On abandonment of the temporary easements the services will become property of the said owner, relieving the Town of any financial obligation of the private utilities. 3. CLEANUP: Shall spread material uniformly over the construction site, seed and fertilize. Upon completion of the existing asphalt removal, shall clean all the ground occupied of all rubbish, excess material, temporary structures and equipment. ACCEPTANCE: All parts of the site shall be left in acceptable condition 2 Temporary Construction Easement Gerald C/ Cheryl A Berg 403 Driftwood Avenue Parcel No. 25303-10-007 Page 3 of 4 WITNESS my hand and official seal this :U day of 630 11/ g 2009, Estes Park, Colorado. (SEAL) (SEAL) Gerald~9Â¢4 ..''~- Fk ~ STATE OF COLORADO ) ~ i PEGGY ti ,~ E KRAMER i )SS . Og COUNTY OF LARIMER ) 1452.... ...@27 0 A for0oing instrument was subscribed andys,~wia IN*dithis?i day py , 2009, by -t62Â®1-zofal=-ts- L w bcâ€ž 4,99+ro.,EL My Commission Expires: ,,4-le ) 3-01 6 + Notary ~;63Â¥/ .// WITNESS my hand and official seal this 2 I day of 31Â£ / ~ 2009, Estes Park, Colorado. (SEAL) 0-hu.**64+ (SEAL) Cheryl ~*&% 'Â·f@~ / STATE OF COLORADO ) i PEGGY i )SS A KRAMER 60 COUNTY OF LARIMER ) 4*...........6%4 ' OF co\. Xliaforefoing instrument was subsc an C 1 iT ramethisp'3~ -day of , 20og, ~4 245 4 *7*'0'L l 0 My Commission Expires: / 1Â«944 J 3 Temporary Construction Easement Gerald C/ Cheryl A Berg 403 Driftwood Avenue Parcel No. 25303-10-007 Page 4 of 4 WITNESS my hand and official seal this day of 2009, Estes Park, Colorado. (SEAL) (SEAL) Town of Estes Park STATE OF COLORADO ) )SS COUNTY OF LARIMER ) The foregoing instrument was subscribed and sworn before me this day of ,2009, by My Commission Expires: Notary Public 4 1 - 90.81 ~ NOg.27'00"E N - el N r392)7 o bi w 11 N Â» Eli x ~ 60.00' = Â§ 0222-4/ EF 22 1%%<n 0 -Z -*Il' 0 - W OZ LE < Z I W k 01-L ~ O 69 pzod 0- e --av 1 pM 98*02 5 9 <|- Z LE.0 IN- b 6-DO 0 =,44 9 N 10 5 ->- (05 .R mAO!-LIN 9 6; @ 2* 1 1 32 2/- M .Crn 24 1 E==3 min 1 -- I m 00 1. 4 u W - 56 h z [1_ -i â‚¬) - 9 1 IR O . m g tb CD \ NI LU Z Ig r-ZES*96% 3 (n Lit J Fw 32 E A D Â£3 K- Q5 0 \ < %22 Z 000(n<r-WN -W LUZ 12 2 ki ~ JO <C LU J EE - b N w 5% 4&2 I r w 8 ;5 12 .- W ago 6 as OLED O 0 k 0- 1- af z 6 co 02 IL LUZ BO z *5 El-O 0 ZN wim U l ~ r-- 2-J i~m--4 #}0 3< ZOI W L.LV* E 1=52 1 Â°WEED 0 03 z 1* 21-8 1--7 Di Z D h <cooke 1 91 bid 1 Wb moo LU 1 8 -13; 4% i C.1 I zo; P 1 00 CD] ' PM) 001 1 2 1 1 ZI 1 6 Ll_J 1 00 00.9Â£ ,00'09 3.00,LE.OON -Z O O 2 Â»&2.@ w 10 2 0 NO E OI U, O V EmwiE A LKa 0 500'_ts 1.72 0 19 w oW96-0 LL*Etzi ZL.1 IO L,-1 6 ~ ~-~ LJO $/i Wi O Z H. U ~1-Litz LI. rw w J w ZE Ei 8 ltJEJ guw =90=ME ~202 ME EZE G g @ ENE@ t=ER5 <C LLIQ,~28 049 NA~E M 9 5 89*0(ni= EQ 00 8 c, L T 5; Es 5 ,- ia *2 -= 2 6, c < 2 63 6 52 2 E %5 9 61 WKWA 02 LLI H- h 1- 324003: row 0 0 TS AG LAME LL OLU 0/ LAWLLIRa:W #f ww * 35 Lnw- &1:5 ~ Eu24-t w Wggl DZ G* 2 EW**EEC 9%% Â» h %5Gh~ 8/ZE ofoz 062 ' zinoip 05-5 19 B b & a 1-#OrJ..6 Deftti pLU YEWEW-WZ ~ag 2 2 PROO526 Â°DEM 8256Em 1-mE<WEb 4 0 00 0 u!=Mir) M 3;<m 9 8 4 9 O 90C ILL# tim<DGZOE ~GI I I Jo:W I- ot!:% Â»4 -5001 - WZ WOZ A 3 1 12 & EK 2 L..z~L -O 10 1-0 1--9 zuv 38Â§54EE E*Â§945~~ ~~8 999 Af ~~ O.<2468* @Sgrit@ ~gN-BEWI wfu W O OIZO'-JO-- <C W WWOLUPQWOO-6 *1-1. 35~2-HZ *-Z'2 ZLJZ.LIZA:ZI--<Z~zi Z'-7,LUI- F-ODJ LUCNI muiw:[ELUI-thw:'wlowl,JWWWOf'-LU QWPDz OLOINM 0 -IC>OIOWIWIWIWILUIOEIW<CIOHO <JOQIÂ·-05< O h 1- 00 Z H J 11_ 1-- 00 1-- Li_ 1- 11_ 1-- LL 1- Z O H LL U) 1- O 1-- O BASIS OF BEARING TRUE P 4<908 -00 'Eyd 60/LO/ZO :3190 hillÂ· 2 BLOCK S89'11'00"E 112.50' 1 J GIS do 3Nll HlbIO 27'00" E 1N3IAI3SÂ¥3 90Â£L V lIEIIHXB ONINV 0 90* OMP'#00-0-COM,wâ€¢u,aeâ€¢mego-con:,1:3112 EXHimIT A 2%% - - 00 91 30 30NV1SIC] 0'01 30 L6'6 30 V lSÂ¥3 1 A0233 83dONd LEGAL DESCRIPTION S89'11'0 Temporary Construction Easement John F. Gulliksen Trust Laura L. Gulliksen Trust 640 Propect Avenue Parcel No. 25303-10-001 Page 1 of 4 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT I John F. Gulliksen Trust & Laura L. Gulliksen Trust (OWNERS), does hereby grant a Temporary Construction Easement to the Town of Estes Park and its employees, consultants and contractors permission to enter the property described below and grants the exclusive rights to perform construction activities necessary for the reconstruction of Prospect Avenue and adjoining side streets, including the relocation of overhead utilities underground, and that the parties agree as follows: The temporary construction easement is described as follows: located at 640 Prospect Avenue, on a Portion ofLot 1, Block 2, Country Club Manor Addition to the Town of Estes Park, in the Northwest 1/4 ofthe Southwest 1/4 of Section 30, Township 5 North, Range 72 West ofthe 6th P.M., the County of Larimer, State of Colorado and being more particularly described as follows: Considering the North line of Block 2 of said Country Club Manor Addition to the Town of Estes Park as bearing S 89Â°11'00"E and all bearings being relative thereto: COMMENCING at the northwest corner of said Lot 1, thence along the northerly property line, South 89Â°11'00" East a distance of 7.00 feet to the TRUE POINT OF BEGINNING of the temporary easement; Thence continuing along the northerly property line, South 89Â°11'00" East a distance of 3.60 feet; , Thence leaving said northerly property line, South 23Â°51'22" West a distance of 26.69 feet to a point on the westerly property line of said Lot 1; Thence along said westerly property line, North 00Â°27'00" East a distance of 14.56 feet; Thence North 35Â°33'45" East a distance of 12.17 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel contains 95 square feet, more or less. Together with: COMMENCING at the northwest corner of said Lot 1, thence along the northerly property line, South 89Â°11'00" East a distance of 112.50 feet; Thence South 00Â°27'00" West a distance of 35.00 feet to the TRUE POINT OF BEGINNING ofthe temporary easement for underground utilities; Thence North 89Â°33'00" West a distance of 35.00 feet; Thence South 00Â°27'00" West a distance of20 feet; Thence South 89Â°33'00" East a distance of 35.00 feet; Thence North 00Â°27'00" East a distance of 20 feet more of less to the TRUE POINT OF BEGINNING. The above described parcel contains 700 square feet, more or less. 1 Temporary Construction Easement John F. Gulliksen Trust Laura L. Gulliksen Trust 640 Propect Avenue Parcel No. 25303-10-001 Page 2 of 4 (See attached Exhibit 'A') The Owner also grants to the Town, its successors, assigns, agents, contractors, and employees the right to erect and use construction equipment within the easement during construction. Together, with the right to construct underground utility services including but not limited to trenching, installation of conduit, placement of wire, connection of rieW service lines, remove existing overhead utilities and to remove objects interfering therewith. The underground utilities shaft be located in a direct route from the proposed transformers to the existing meter box but will be routed to avoid trees and.significant. shrubs._ IT IS UNDERSTOOD that the Easement rights herein granted shall terminate upon 2 years from the date hereof or upon completion of the above-mentioned construction project, whichever is sooner. On abandonment ofthe temporary easements the services will become property of the said owner, relieving the Town of any financial obligation of the private utilities. IT IS ALSO UNDERSTOOD that the easement herein granted does not convey any right or interest in the above described property, except as stated herein, nor prevent owner from the use of said property; provided, however that such use does not interfere with the rights herein granted. In addition, the Town, its successors, assigns, agents, contractors, and employees agree to the ' following condition of entry: 1. DAMAGE TO PROPERTY: Shall exercise care to avoid damaging the property in any manner not consistent with the purpose for which this agreement is issued. 2. COOPERATION WITH OWNER: Shall at all times cooperate with owner(s) and comply with reasonable requests not inconsistent with the purpose for which this agreement is issued. To discuss schedule and alignment, to relocate existing overhead utilities, including electric, telephone, and cable, below ground, with all fixtures and devices, used or useful in the operation of said utilities, 3. CLEANUP: Shall spread material uniformly over the construction site, seed and fertilize. Ubon com$letion of the existing asphalt removal, shall clean all the ground occupied of all rubbish, excess material, temporary structures and equipment. ACCEPTANCE: All parts of the site shall be left in acceptable condition 2 Temporary Construction Easement John F. Gulliksen Trust Laura L, Gulliksen Trust 640 Propect Avenue Parcel No. 25303-10-001 Page 3 of4 WITNESS my hand and official seal this 2zadday of 47&-6-v 2009, Estgallark' .1.4, Colorado. 1 1 011 *2%/7 : S UG 6 Xhn F. Gulliksen trust 100'Cok" ''tji/1111~t' f#' 1 "". 5 ' STATE OF COLORADO ) )SS COUNTY OF LARIMER ) The foregoing instrument was subscribed and sworn before me this 22/1=' day of 9WY ,1009,by John F L / /ihept My Commission Expires: 0 -/0-/2 AP,aut W.JLul*.d Notary*ublic WITNESS my hand and official seal this 22'aday of ~/ufy 2009, Estes Park, Colorado. p'ltjt 8, 4U , .11,%,11#j.,/ 1 2/ â€¢102*, 9 0~- CULADA. 2- 1~1.uNAVO# *40Â» /ty j Laura L. Gulliksen Trust %042/7 4440" *11%0# R.IMÂ·- STATE OF COLORADO ) )SS COUNTY OF LARIMER ) The foregoing instrument was subscribed and sworn before me this 224=/ day of d~ {.66.4 , 2009, by - A..4//vaL EU-1 1 iks:n 6 (\ My Commission Expires: 9 -/6-/2 1 r 1 ..1 Â£ 1(k jUiUL y..~ - ~(1,(Â§CPI/1 dotary *iblic r- 3 Temporary Construction Easement John F. Gulliksen Trust Laura L. Gulliksen Trust 640 Propect Avenue Parcel No. 25303-10-001 Page 4 of 4 WITNESS my hand and official seal this day of 2009, Estes Park, Colorado. (SEAL) (SEAL) Town of Estes Park STATE OF COLORADO ) )SS COUNTY OF LARIMER ) The foregoing instrument was subscribed and sworn before me this day of ,2009, by My Commission Expires: Notary Public 4 &,1 NOO'27'00"E 6020' r - 00-99//7Â« Â» 0 ZZ O- 02 teol- 0- LU D *9 J b} m 00 -I O Iri 04 88 P r) P 11 -1 0 ro 19 Q 52 A n 0 3% 0 <C <C 1- (/) W 1... m ~%! z ~8 - Oz# r. LU 03 01 Z 1- w < b J 5 9 O 0 90 5 0 LL < E OP 000: OLL-ZA z *8 U.1 X zo=!* ~Lu SCO - I ~'- m-J 60 34 A Z LL CO LU D O LO I ego I 1 CD~843 1 052&:* 6.Dfut Muz - 9-JOM- A 0 - azle CE 1- g <Dz 30Â»4058 <001 mOOLU Of Of LU ED*ZO---ON D W O 1- S k/---fI ---f~~~{0~~-~- 209 -6=NE=72 ,0009 3,,00,LE.OON 00-0 i L 99.* L -1 z o , 0 2 1- I 2 W ~ .2~ ~E o as w 9 42 O + O 37 OOA M W W z-cÂ£ @Wog &@W G ZEEZb EW@Â§9 9 (NI AS (f}JEB i r,inLLL LU-~ L.-*2 .O in o L Â» a. 00 Z -6- 25 2 - z 29 * 65 3 ! in w MD Â» 01-02 ul-1-Â»(.0 3 -9.W Em 0#2 2 0~ %% r eEE AST-jEd~Ati~ c ~tgRE ~2 L~ ~ U~bm ~ c~ ~~~~ ~o#*0860& i 050Â£OWQ-Ox 'JU-19 oa-L,_ *9Â¤%2 M a- W E 18 (0 0 4 u , O . w 1-6 W 0 LU @380@ Asgo Â£-aby , ZOOM)1,-O-11< 1-1-< m-wl.~00. I <th- JO GLUM 9 9 & 2 Z 2 1 ZE &5 z 0 52 25 LJ k M Lâ€¢ f20-ir) 06 *BE &-Ozbm i 9 8'- W 3% gz<G*Oilib t 9 * 2 g g E i 2 2 E 9 3 i 2 ~5 0685& O 1 W Wk WE ZL~ 1.-4 |-l-LI 1-9 1 ac O Z (n O z w < m 4 b 0 E M * 4 G I g U 5 0 4 .2 0 Q~ A Ul LU LU 922 29& 9-23*w 9 0 51% WEEZE29 EE ~ ,-0- - 7 - (n < . t- O + 0: FE <w 0<0 ~ Azbt: 260-NW - AZO 1.-Ig'- C< .1-5 I <000(nALM =Z~=0=G< 1*92 *2*22 MEâ‚¬E* = 2=*mw=aw* ~ MO@bÂ·t= 2 3 1.u in w A-8 59 h O <- h 1 Â°UOODZ O IN broe*k Ct: Qt]23<. WIJ= 0-tzi#>-R--1 SZ c~L.-1802]rEÂ·-2]-CIOCE] * **ager=mu-~ 039%~%2 g~%2~S~d%22EBUWah = 3,- jmNZbombl O --1 OI 1~ 0 O.Or<IZIO O=0002 L.1 0 0..OIOOIC) IL.1 <=00 +01< O-01Â·-WI-31-(f)<=1-OZ5(f)J 1- O- 01-- 00.1- 001-LL | 202 :ON GOr 5 = i. L 31Â¥09 !11%UL,g.ttl~laUU zII IN=I/\V 1Udd5Ueld UVy . , OF BEGIN HERETO: BASES BEARING 'E 112.50' â€ž' ' W| Ur Mt.GINNING N EASEMENT 35'33'45" W DOy LOCA 23'51'22" W B MAI~OR CTION COMM'ENCMENT ~ EET TO K 2, COUNTRY ESTES PARK, '1333 &13dON j LEGAL DESCRIPTION John F. Gulliksen Trust Laura L. Gul.liksen Trust 640 Propect Avenue Parcel No. 25303-10-001 Page 1 of 3 EASEMENT FOR ACCESS, UTILITY AND DRAINAGE RECEIVED OF THE TOWN OF ESTES PARK, COLORADO, the sum of 1.00 Dollar, in consideration ofwhich John F. Gulliksen Trust & Laura L. Gulliksen Trust, hereby grants unto said Town, its successors and assigns, a permanent easement to construct, operate and maintain access, utility and drainage for the use of the public across land situated in Estes Park, Larimer County, Colorado and more particularly described as follows: PERMANENT EASEMENT FOR ACCESS. UTILITIES AND DRAINAGE STRUCTURES CONSTRUCTION AND MAINTENANCE A permanent easement for access, utility and drainage structures, located on a parcel of land as described as being located in Lot 1, Block 2, Country Club Manor Addition to the Town of Estes Park, in the Northwest 1/4 ofthe Southwest y of Section 30, Township 5 North, Range 72 West of the 6th p.M., the County of Larimer, State of Colorado and being more particularly described as follows: Considering the North line of Block 2 of said Country Club Manor Addition to the Town of Estes Park as bearing S 89Â°11'00"IE and all bearings being relative thereto: Commencing at the northwest corner of said Lot 1, with said point being the TRUE POINT OF BEGINNING; Thence along the northerly property line, South 89Â°11'00" East a distance of 7.00 feet; Thence leaving said northerly property line, South 35Â°33'45" West a distance of 12.17 feet to a point on the westerly property line of said Lot 1; Thence along said westerly property line, North 00Â°27'00" East a distance of 10.00 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel contains 35 square feet, more or less. (See attached Exhibit 'A') 1 . John F. Gulliksen Trust Laura L. Gulliksen Trust 640 Propect Avenue Parcel No. 25303-10-001 Page 2 of 3 Upon the terms and conditions hereinafter set forth: 1. The terms of said easement shall be perpetual. 2. John F. Gulliksen Trust &*Laura L. Gulliksen Trust reserves the right to cultivate, use and occupy said premises for any purposes consistent with the rights and privileges above granted. In case of the permanent abandonment of said easement, all right, title, and interest herein granted shall end, cease and terminate. 3. John F. Gulliksen Trust & Laura L. Gulliksen Trust by grant of the foregoing easement does not assume any responsibility for the construction, operation, and maintenance of the access, utility and drainage structure or liability for damages of any nature arising directly or indirectly from the construction, operation, maintenance, and use of the trail herein provided. WITNESS my hand and official seal this 22,=/day of b 311 1 U 2009, Estes Pack, J a....... Colorado. . 9 4, f 4:vo"*41 -+ 9 22 1 04 7. 4-ga . U JoiFFÂ· Gulliksen Trust "tog coet..4. STATE OF COLORADO ) )SS , COUNTY OF LARIMER ) The foregoing instrument was subscribed and sworn before me this 22/4./ day of JU.(M '1559,103 John F. 6,4 (/028 My Commishion Expires: 9-/d -/2 2 Al Ae-all,4 \ju Â«n,-3 0 Noiary@ublic WITNESS my hand and official seal this 72@fday of ,_J, j. 40,1 2009, Estes Park, Colorado. -3Â£ t. 44.4.-* 4. f.3 6. 9., OTA. y J.~' (28*4 Â£ .M 41- . i Laura L. Gulliksen Trust (SBAL)*. p#Â¢01 ~ .Â© 4>_ 'â‚¬ s Â·K "6 0, COV....9 :,le.'*/Â·/.,;.Â§,1;114'~:' 2 i.*uu,Â¢1060, John F. Gulliksen Trust Laura L. Gulliksen Trust 640 Propect Avenue Parcel No. 25303-10-001 Page 3 of 3 STATE OF COLORADO ) )SS COUNTY OF LARIMER ) The foregoing instrument was subscribed and sworn before me this 2241 day of ,1009,by L-auffl L. Gullikee,i L. My Commission Expires: 9-/0/2 44 Â£#w.t. 41. 4a4t Notag#Public L WITNESS my hand and official seal this day of 2009, Estes Park, Colorado. (SEAL) (SEAL) Town of Estes Park STATE OF COLORADO ) )SS COUNTY OF LARIMER ) The foregoing instrument was subscribed and sworn before me this day of ,2009, by My Commission Expires: Notary Public 3 NOO'27'00"E O bi r -60.66" p c\1 Ng*"Â£7 Ne 2' g 229 . <.,IwZ--052-E 9 2 li 3 '0 -9 Ll- O 0 LU Z 2 4 1 0 i 0 1-Z cD Id lo % 1 W : 1- 2*mem 2 0 Z 0- 5% z UJ Z 1- W in -- En= 00 0 , < + OF-20\ I<8 0 00<LUM 62=g -- ~M J O < LU -1 9 0 000= @2~i Zil g LU 5 m *& ~ (di 1 Ep--CJ' LUOZCDO 55 32 05 <LU m X $ 0 1.L -12 1 I 0 7 Ill < C~ - 1001 0 0 E W (0 h-r. 2 6 Â¢\1 61\\ 100.09 - 0 3â€ž00,LE.OON 00-0 L ~- .Z O 3 E 2 ECK 1- - 0 0: 0 U) CD 0- rl M~ J O ~O EE@*6 9 8 ~Eg ZW lJ ~1.-LI.i i.TOO 6 W Edo 1-LO ~ hO E=< 29*22 22 2 45,9 79 LUO Oft:t~-3 bELL F=0323 Z 0- LEbz- 20 2 z Q &18 O LU RE,,22 9 J*O(Ag OD m20 af -SE Ang* 2221 4 u,1 5% b~ Sw Li_Of#a: L._m 5 -IU+Li-1 R g Ofeo- 3 #-w\* I 1- IWI-OÂ» wbs =p4-3 22 CS :95<d GWen gzG3o 9~ 55ZHW W%& 2 09810 (no-0 ERWWE ~W ~a&** 95w~ OEW Em k-6 ~ <O'LOLU U~ <~ ~2*4- j <O- 0GZCJ 9%2~ ccuoct-Â·- 00 ~ 9 b :tr W -t-=8 aae-52&Ria w=CCE Z< 4 DIJOOI-05< O - m ,- 00 ,- 0 4 J 1- O J LU J OF COLORADO '2 10018 ' L aIVS 30 3 H ONI&1301SNO OUNTRY CLUB MANOR â€ž00, L l.69 HlnOS SNV38 0 *MiNAO '7~2&~ COU TY OF BASES OF BEARING 589'11'00"E 112.50' 1, BLOCK 2, 3nN3AV 1N3IAI3SÂ¥3 OF BEGINNING -A ONÂ¥ SS330Â¥ 39VNIV80 @03 1N3n3SV3 1N3NVVybI3d 80 380â€¢ 13 1 S 'ONINNI 3dObld Ala LEGAL DESCRIPTION *183 %.- 9 Brian W. Kremler 400 Birch Avenue ~ Parcel No. 25303-07-001 Page 1 of 3 EASEMENT FOR ACCESS, UTILITY AND DRAINAGE~7 B 1 1.00 /04bd- RECEIVED OF THE TOWN OF ESTES PARK, COLORADO, the sum ofd=aftEkttbril:1*0*.- consideration ofwhich Brian W. Kremler, hereby grants unto said Town, its successors and assigns, a permanent easement to construct, operate and maintain access, utility and drainage for the use of the public across land situated in Estes Park, Larimer County, Colorado and more particularly described as follows: PERMANENT EASEMENT FOR ACCESS. UTILITIES AND DRAINAGE STRUCTURES CONSTRUCTION AND MAINTENANCE A permanent easement for access, utility and drainage structures, located on a parcel of land as described as being located in Lot 1, Block 5, Country Club Manor Addition to the Town of Estes Park, in the Northwest !4 of the Southwest W of Section 30, Township 5 North, Range 72 West of the 6th P.M., the County of Larimer, State of Colorado and being more particularly described as follows: Considering the North line of Block 5 of said Country Club Manor Addition to the Town of Estes Park as bearing S 89Â°11'00"E and all bearings being relative thereto: COMMENCING at the northwest corner of said Lot 1, said point being the TRUE POINT OF BEGINNING; Thence along the northerly property line, South 89Â°11'00" East a distance of 27.33 feet; Thence leaving said northerly property line, South 63Â°24'36" West a distance of 22.34 feet; Thence South 00Â°27'00" West a distance of 49.72 feet to a point on the southerly property line of said Lot 1; Thence along said southerly property line, North 89Â°11'00" West a distance of 7.43 feet to the southwest corner of said Lot 1; Thence along the westerly property line of said lot 1, North 00Â°27'00" East a distance of 60.00 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel contains 548 square feet, more or less. (See attached Exhibit 'A') 1 Brian W. Kremler 400 Birch Avenue Parcel No. 25303-07-001 Page 2 of 3 Upon the terms and conditions hereinafter set forth: 1. The terms of said easement shall be perpetual. 2. Brian W. Kremler reserves the right to cultivate, use and occupy said premises for any purposes consistent with the rights and privileges above granted. In case of the permanent abandonment of said easement, all right, title, and interest herein granted shall end, cease and terminate. 3. Brian W. Kremler by grant of the foregoing easement does not assume any responsibility for the construction, operation, and maintenance of the access, utility and drainage structure or liability for damages of any nature arising directly or indirectly from the construction, operation, maintenance, and use of the trail herein provided. WITNESS my hand and official seal this D-7 day of JUL~ 2009, Estes Park, Colorado. (SEAL) 2*,L 60. &1-61 (SEAL) Bnan W. Kremler . STATE OF COLORADO ) )SS COUNTY OF LARIMER ) ' The foregoing instrument was subscribed and sworn before me this 32.-7 day of Jul ,2009, by /3,-4.(n. blj. /4<> &,0,1,/ e- . 1 My Commission Expires: .Ce-.1.11...1,17,1, on-->1-<L~4-'k- 1 - L--C-~-0---~ Notary Public ||WILLIAM P. COON Il Notary Public 1| State of Colorado 2 Brian W. Kremler 400 Birch Avenue Parcel No. 25303-07-001 Page 3 of 3 WITNESS my hand and official seal this day of 2009, Estes Park, Colorado. (SEAL) (SEAL) Town of Estes Park STATE OF COLORADO ) )SS COUNTY OF LARIMER ) The foregoing instrument was subscribed and sworn before me this day of ,2009, by My Commission Expires: Notary Public 3 0 :0009 N 3.00,LE.OON %=1 O- 4 Z L 0 GWW O LL O ~ ~M OW 8 aft 00 Lam O>Â»O ZOI- < |- Z 14 rn M W 2% 01- * #LLIDOE O U) u_, I 8 LU R -EW -J JObÂ£.TE ON 1.-HU)NO EZE 00 IZ E 0-~ cv j 0}- W < ,.,LU CA E E 2 0 8 WI< - 1- 01-e o\ 31- LU MI O 00< W (N O= IO 10 <LU_JOE O IHO 0 X 05 Hz L 00 00- z g bl 0.,5 00 0 8 â‚¬20 9 0 91-4 I < 4 1- 6 Wcj~D . 0 20 8 Lu -\ 0- LL QC \ 00 0 /6 as Qf 05 z <W roN 0\ 4 0 J LU I 1- Â» 1Â»41. 1 11 moomt- 0\1 r. ,EL'6* AAâ€ž00,LE.OOS ,00 09 3.00,LE.OON 1.L M Â» w 1- O 0 11- r 5 ZZ 85 820* 129 OZ 0 0- g dE<&1 cvu C 04 tz wo r. LL 2 =8** LU O - II 04 0 Zw LL - a 1- G I L <0 #Li- W Z O- ThZ U-1 wil- 000 . Diw i ~z 32 zddo U. Z-7 0 LU H M 8*LER Oa-#-AR-w nwzi â‚¬ A-In-*9 6~EmENWE %6 Â»ki l.,1 0, 120 01 -1 z . ,Â·, 1-L CL U. FL L.1 LA. Â¤WZW W 23,i~@2 gaEg~*E* .~wim z ~ 0 -,A 01-05 1- 1-L *-ozm 2 mbsiw ~ZO-CVÂ»A< KA[EM: LL 02h~@wth 23,~0-eo_ r,,O Â»O,_g (1 -5%6* *WEKEEWQ W O~<ZU; 2 32&ES @2*gzw, b *ggwey# g zwsgs SEZEZAf ~~ QTSLUNWA ~ SABS LU ~ Ze 0 0 -R 00*LU Do LU QZO W I'-W OR ONLU 90gwum# ZE 2~br ~-oE<0<3~ M<gEPWR + <gwo 3%9%%3%5 *EBWEE3 Z -t<* O LLI tom\ z~-Swl*O# 81-0020 b24 *2@Ediht LU wE40= E-ZIZ=- 0-=!OZEW 29 LU . W7 L.U #LUIDLUL Il U.1 - 1 1 -- -- . 0 1-0<<I 0 < I OI 10 ZOOT MOI .cr <DJN-11- 001- 001-- (0 1-F---11- 00(nk- -0 . 60.=--rioz" 6*6 A=S~ 3E)VNIVhla 990*toE :IN 9(Or '01 = â€ž L 31VOS BASIS OF BEARING S89 11'00"E 3AI 112.50' RADO 1, BLOCK 5, 3nN3AV 60/10/LO 31Â¥0 Er ~AW 49.37 OUNTRY ,09'ILL 3â€ž00,1 1.685 1N3IAIBSV3 1N3NVIAIhl3d *PÂ·4:u!800 Mituewesea\990 â‚¬021:Vy :3-Ila EASEMEN NV~ EJA 'l 101 Gl EXHIBIT A HlnOS '3NI 'SS31 1 33 3@Vn i . 35Â¥3 HlnOS '3N dOEId NOI1dIBOSEIa 1V931 0 118Â¥1AOUNVd 380A aNÂ¥ Al.IlllA 'SS t]NI bNLUIANne g. TOWN oF ESTES PARIQ Town of Estes Park Public Works Engineering Room 100, Town Hall P.O. Box 1200, Estes Park, CO 80517 970-577-3586, qsievers@estes.org Memo TO: Public Works Committee From: Greg Sievers & Scott Zum Date: August 27,2009 Re: Intergovernmental Agreement for the Adoption of 2 Truss Bridges (SH-34) Background: As reported at the April 23, 2009 PWC meeting, PW staff has been working closely with CDOT to acquire the old Highway 34 Bridge trusses. CDOT marketed the Bridges pursuant to the Adopt-A-Bridge Marketing Plan. PW has conceptual plans to use these trusses for pedestrian improvements in the future. PW and CDOT Staff have generated and completed 2 rounds of revisions to best suit the goals of both agencies. Attorney White has reviewed and approved the final IGA, attached. BudgeUCost none Action: The Public Works Committee recommends the acceptance of the attached IGA with CDOT to adopt two truss bridges be included on the Consent Agenda at the September 8, 2009, Town Board meeting. â€¢ Page 1 INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into by the Colorado Department of Transportation ("CDOT") and the Town of Estes Park, Colorado, (the "Town") regarding the proposed adoption of two truss bridges currently located at Mileposts 65.5 and 66.2 on US Highway 34. Due to poor structural integrity, CDOT plans to remove the existing bridges. Construction of two replacement bridges will commence during 2010. WITNESSETH: WHEREAS, In May 2008, The Federal Highway Administration (FHWA) and the Colorado State Historic Preservation Officer entered into a Memorandum of Agreement (MOA) regarding the Big Thompson River Bridges (CDOT Structure Nos. C- 15-I and C- 15-J) ("Bridges") located on US Highway 34 in Colorado. CDOT was an invited signatory to this MOA. WHEREAS, prior to the demolition of the Bridges, CDOT marketed the Bridges pursuant to the Adopt-A-Bridge Marketing Plan contained in the MOA. WHEREAS, CDOT agrees to have its contractor disassemble the Bridges and the Town has agreed to accept ownership of the Bridges. Per project specifications, no cutting on the trusses will be allowed. Each truss will be delivered in two sections by removing rivets to retain the structural integrity of the trusses. Hardware having the same strength as the rivets will be delivered with the trusses. CDOT and its contractor will deliver only the four (each) steel arched trusses with no concrete, asphalt, or jagged or loose steel pieces attached. Disassembly shall be in accordance with the plan specifications of CDOT Project Number BR 041-068. The Town also agrees to record a Preservation Covenant after the Bridges are reassembled. NOW, THEREFORE, in consideration of the mutual promises, covenants, and representations contained in this Agreement, the parties agree as follows: (1) PURPOSE: The purpose of the Agreement is to transfer ownership of the Bridges from CDOT to the Town. Another purpose is to set out responsibilities of both CDOT and the Town with regard to the Bridges. (2) CDOT'S RESPONSIBILITIES: On or after January 4, 2010, CDOT and/or CDOT's contractor shall disassemble the Bridges from their present locations on US Highway 34 and CDOT and/or its contractor shall deliver the Bridges to the Town's maintenance yard or other Town owned property in Estes Park. CDOT shall provide a description of said truss disassembly plan to the satisfaction of the Town (i.e.: trusses shall not be cut haphazardly in half). CDOT or its contractor shall blast clean all existing paint on said trusses and apply a thorough coating of rust inhibiting 1 . primer paint. CDOT or its contractor shall safeguard the new paint from gouging, marring, or scratching the trusses. All cleaning and coating of the trusses will take place at Town facilities. Upon delivery of the Bridges to the maintenance yard, the Bridges shall become the property of the Town. Delivery to Town facilities shall include CDOT or its contractor providing some type of ground support to keep the trusses off the earth. Subsequent to this transfer CDOT shall also assist the Town in finding grant monies or other funding to aid in the reassembly of the Bridges. CDOT shall provide copies of this signed Agreement to the FHWA and the Colorado Office of Archaeology and Historic Preservation (OAHP) for their records. (3) TOWN'S RESPONSIBILITIES: The Town shall accept ownership of the Bridges upon delivery to the Town's property. Storage and protection of the trusses from the elements will be left to the town's discretion. The Town shall work on its own, and in conjunction with CDOT, to obtain funding to reassemble the Bridges. If and when proper funding is obtained, the Town shall reassemble the Bridges as part of the proposed bicycle/pedestrian trail that will run parallel to US Highway 34 (or other Town trail) within one (up to five years) calendar year after obtaining the funding. If the Town reassembles the Bridges, the Town shall execute and record the Preservation Covenant attached as Exhibit A with the Clerk and Recorder of Larimer County and provide CDOT with satisfactory evidence of recording. The Town shall record the Covenant no later than one month after the reassembly is complete. (4) TERM: This Town shall have five (5) years from the Effective Date of this Agreement to obtain proper funding to complete the reassembly of the Bridges. If the Town has not obtained the tiroper funding and reassembled the Bridges within 5 years of the Effective Date of this Agreement, representatives of FHWA, CDOT and the Town, per section 5 of this Agreement, shall confer and determine whether ownership of the Bridges will be returned to CDOT or whether the term of this Agreement will be extended. (5) REPRESENTATIVES: , Each individual identified below is the principal representative of the designating party: CDOT: Mr. Robert Garcia, CDOT-Region 4 Transportation Director 2 TOWN OF ESTES PARK: Mr. Bill Pinkham, Mayor, the Town of Estes Park (6) ENTIRE AGREEMENT: This Agreement represents the entire understanding between the parties regarding this subject and supersedes all prior written or oral communications between the parties regarding this subject. (7) GOVERNMENTAL IMMUNITY: No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, Â§24-10-101, et seq., CRS, as now or hereafter amended. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement on the last day written below ("Effective Date"). Executed by the Town this day of '2009. Executed by CDOT this day of '2009. COLORADO DEPARTMENT OF TOWN OF ESTES PARK TRANSPORTATION By Mayor Title: ATTEST: ATTEST: By City Clerk Title: 3 TOWN of ESTES PARK ESTES PARK Public Works Department COLORADO INTER-OFFICE MEMORANDUM DATE: August 21, 2009 TO: Public Works Committee FROM: Dave Mahany SUBJECT: Fleet Department Budgeted Mobile Column Vehicle Lift (612-4300-610-34-43 / P-162) Background: The 2009 Fleet Maintenance Budget includes $49,000 (612-4300-610-34-43 /page 162) for the purchase of a 4-column mobile vehicle lift. The newer equipment is now larger and heavier (Bucket Trucks / Fire Trucks) than the equipment was years ago and our current vehicle lift is not weight rated to lift these vehicles. It is also 20+ years old, with limited parts availability and it is showing its age - it will probably need to be removed in the future. Cost/Budget: Cost: â€¢ Ace Equipment Company - Henderson, CO. Rotary Heavy Duty 4-post Portable Lift / MCH418 .. . $35,750 Frame Engaging Lift Kit . $ 1,995 Heavy Duty Jack Stands (set 4) . ,. $ 2,780 Bid Price $40,425 â€¢ The Hardware Shop - Indian Hills, CO Mohawk MI?-18 NO RESPONSE â€¢ Gray Manufacturing - St. Joseph, Missouri Gray WPLS-160 NO RESPONSE Action: The Public Works Committee recommends the purchase of the Rotary Mobile Lift and Accessories from Ace Equipment Company, Henderson CO, for $40,425 out of the Fleet Maintenance Fund be included on the Consent Agenda at the September 8, 2009, Town Board Meeting. a Town Clerk's Office Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt Media From: Cynthia Deats, Deputy Town Clerk Date: September 17, 2009 Subject: Meeting Cancellation - Public Works The Public Works Committee meeting scheduled for Thursday, September 24,2009, has been cancelled due to a lack of action items. Town Clerk's Office Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt Media From: Jackie Williamson, Town Clerk Date: October 19, 2009 Subject: Meeting Cancellation - Public Works Committee The Public Works Committee meeting scheduled for Thursday, October 22, 2009 has been cancelled. Town Clerk's Office Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt Media From: Cynthia Deats, Deputy Town Clerk Date: November 16, 2009 Subject: Meeting Cancellation - Public Works The Public Works Committee meeting scheduled for Thursday, November 26, 2009, has been cancelled due to the Thanksgiving holiday. . Town Clerk's Office Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt Media From: Jackie Williamson, Deputy Town Clerk Date: December 22,2009 Subject: Meeting Cancellation - Public Works Due to the holidays, the Public Works Committee meeting scheduled for Thursday, December 24,2009, has been cancelled.